Prisoners' Rights: Treatment, Testing, Accommodation and Privacy of Documents (From HIV/AIDS and Prisons: Proceedings of a Conference Held 19-21 November 1990, P 181-191, 1991, Jennifer Norberry, Matt Gaughwin, et al., eds. -- See NCJ-132465)

• NCJ Number: 132472
• Author(s): B Schurr
• Date Published: 1991
• Length: 11 pages
• Sale Source: Australian Institute of Criminology
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: Australia

Annotation

The Australian States should follow international standards regarding AIDS in correctional facilities and should therefore pass legislation permitting HIV antibody testing of prison inmates only with their consent and protecting the privacy of the test results.

Abstract

Prisoners generally lack enforceable rights regarding AIDS treatment, testing, privacy, and related issues. However, the World Health Organization and the United Nations have developed guidelines to protect inmates' privacy, provide proper care, prevent AIDS transmission, and ensure adequate funding to carry out these tasks. Current Australian law does not meet these guidelines in several respects. Queensland, South Australia, Tasmania, and the Northern Territory have established mandatory HIV antibody testing of prisoners. Existing legislation also limits confidentiality, prevents inmates from refusing treatment, and does not establish any specific standard of care for people who are HIV-positive. In addition, individual prison administrators can decide whether to segregate or integrate HIV-positive prisoners. Therefore, Australian States should reform the laws that do not adequately protect prisoners and, in some cases, the general population as well. Tables and 23 references